Delaware Ordinances (2026)

Delaware Code Title 11 Section 1325 criminalizes cruel neglect, including unsanitary confinement and conditions that injure animal health, providing the statewide hook prosecutors use to charge animal hoarding…

Delaware Code Title 3 Chapter 75 requires every beekeeper to annually register all colonies and apiary locations with the Department of Agriculture and authorizes the State Apiarist to inspect and quarantine…

Delaware Code Title 16 Subchapter V prohibits classifying any dog as dangerous or potentially dangerous based solely on its breed or perceived breed, effectively preventing breed-specific legislation across…

Delaware Code Title 16 Section 3048F prohibits dogs from running at large statewide and requires owners to physically restrain dogs with a leash whenever they are off the owner's property.

Delaware Code Title 3 Chapter 72 prohibits importing, possessing, selling, or exhibiting any live wild mammal, hybrid, or non-native reptile without first obtaining a permit from the Delaware Department of…

Under the Delaware Marijuana Control Act (HB 1, 2023), home cultivation of cannabis remains illegal statewide for both recreational and medical users. The prohibition is uniform; municipalities cannot…

Delaware State Parks operate under uniform statewide hours set by DNREC's Division of Parks and Recreation, typically open from 8:00 a.m. to sunset. Remaining in a state park after posted closing hours is…

Delaware Code Title 11, Section 1334(e) preempts all local commercial drone regulation. FAA Part 107 commercial operators are exempt from state restrictions on critical infrastructure and event overflight when…

Delaware Code Title 11, Section 1334(e) explicitly preempts all local drone regulation. Only the state may prohibit, restrict, or regulate operation of unmanned aircraft systems. Bethany Beach is the sole…

Delaware sets a uniform statewide minimum wage under 19 Del.C. 902 and preempts local governments from establishing higher municipal minimum wages, with the rate scheduled to reach fifteen dollars by 2025.

Delaware administers paid family and medical leave under 19 Del.C. Chapter 37, with contributions starting in 2025 and benefits beginning in 2026, preempting most local paid leave mandates.

Delaware has no statewide predictive scheduling law, and local governments lack independent authority to mandate advance work schedules under the labor preemption framework of 19 Del.C. 902.

The 1971 Delaware Coastal Zone Act (7 Del.C. Chapter 70) prohibits new heavy industry within the designated coastal zone and requires a state Coastal Zone Permit from DNREC for manufacturing, heavy industry…

Delaware Code Title 7, Chapter 40 mandates statewide erosion and sediment control standards for any land disturbance, with the binding 2023 Delaware Erosion and Sediment Control Handbook setting uniform…

Delaware Code Title 7, Chapter 41 directs DNREC to set minimum floodplain management standards, and all NFIP-participating communities must adopt ordinances meeting federal and state minimums. Local rules…

Delaware Code Title 7, Chapter 40 establishes a uniform statewide sediment and stormwater management program administered by DNREC. All land-disturbing activities of 5,000 square feet or more require approved…

Delaware adopts the International Swimming Pool and Spa Code statewide through the State Fire Prevention Regulations, requiring four-foot barriers, self-closing self-latching gates, and approved alarms on…

Delaware prohibits sale, possession, and use of consumer fireworks except limited sparkling devices and novelties on specific holidays. The State Fire Marshal preempts local fireworks regulation, with…

Delaware DNREC regulates open burning under 7 DE Admin. Code 1113. Burning of household waste, leaves, and yard debris is generally prohibited statewide. Limited exemptions exist for recreational fires…

Delaware adopts NFPA 58 (Liquefied Petroleum Gas Code) statewide through the State Fire Prevention Regulations. Tank setbacks, container sizing, and installation rules apply uniformly, with the Office of the…

Delaware issues concealed deadly weapon licenses through the Prothonotary under 11 Del.C. 1441, requiring background checks, character references, and a published notice of intent before issuance.

Delaware preempts local firearms regulation under 22 Del.C. 111, reserving most firearm laws to the state legislature with limited municipal exceptions for police, parks, and public buildings.

Delaware generally permits open carry of firearms by individuals 18 or older without a permit, subject to location restrictions in schools, courthouses, and certain state buildings.

Delaware treats a loaded handgun in the passenger compartment of a vehicle as a concealed deadly weapon under 11 Del.C. 1442, requiring a Concealed Deadly Weapon License unless the firearm is unloaded and…

Under the Delaware Uniform Common Interest Ownership Act, an association has an automatic statutory lien on a unit for unpaid assessments. That lien carries a limited super-priority over the first mortgage and…

DUCIOA requires open, noticed meetings and gives owners a right to inspect association records. Meetings need 10-60 days' notice, owners get a chance to comment, voting and proxies are governed by § 81-310…

A Delaware association enforces its declaration, bylaws, and rules through the powers in 25 Del. C. § 81-302, including design and construction rules under § 81-320. Remedies run from notice-and-hearing fines…

DUCIOA lets a Delaware association levy fines for violations of the declaration, bylaws, or rules, but only after notice and an opportunity to be heard, and only if the fine is reasonable. The act sets no…

Delaware law overrides certain HOA restrictions. A separate statute voids covenants that prohibit or unreasonably restrict solar systems, while DUCIOA § 81-320 bars rules banning the U.S. flag (up to 3x5 ft)…

Delaware regulates home-based cottage food production through a uniform statewide Cottage Food Establishment registration administered by the Division of Public Health. The program preempts inconsistent local…

Delaware Code Title 31, Sections 341-345 (the Delaware Child Care Act) and Title 14 require state licensing of all family and large family child care homes through the Office of Child Care Licensing. Standards…

Delaware does not require private employers to use the federal E-Verify system, and the state has not enacted a universal employment verification mandate beyond federal Form I-9 obligations.

Delaware has no statewide statute mandating or prohibiting sanctuary policies, leaving cooperation with federal immigration authorities to local police and county discretion within general law enforcement…

Delaware's Department of Natural Resources and Environmental Control (DNREC) may declare drought emergencies imposing mandatory water-use restrictions that apply uniformly across the state, including bans or…

Aircraft operations and noise standards in Delaware are governed by federal law under the FAA, which preempts state and municipal regulation of flight paths, altitudes, and in-air noise levels, leaving…

Delaware Title 9 authorizes county dog control officers to address persistent barking as a public nuisance, while Title 16 health code allows state intervention when animal noise creates an unsanitary or…

Delaware Code Title 21, Chapter 44 sets statewide procedures for declaring, posting, towing, and disposing of abandoned vehicles on public and private property. State Police, county police, and municipal…

Delaware Code Title 22, Section 119 requires every municipality with population over 30,000 to adopt a permitting procedure for residential curbside EV charging stations. The state mandates reasonable…

For nonpayment, Del. Code tit. 25 § 5502 requires a written demand giving the tenant not less than 5 days to pay before termination. For a lease or rule violation, § 5513 requires at least 7 days' notice to…

Del. Code tit. 25 § 5305 requires landlords to comply with applicable building and housing codes, provide a unit that does not endanger tenants' health or safety, and keep electrical, plumbing, and other…

Delaware's Landlord-Tenant Code applies uniformly to most residential rentals statewide, specifying permitted grounds for eviction, required notice periods, and court procedures. Local governments cannot…

Under Del. Code tit. 25 § 5509, a Delaware landlord must give the tenant at least 48 hours' written notice before entering a rental unit, and entry is limited to the hours between 8:00 a.m. and 9:00 p.m. In a…

Del. Code tit. 25 § 5501(d) caps residential late fees at 5 percent of monthly rent and bars any late fee within 5 days of the due date. A landlord must keep an office in the county for rent payment; failing…

Either party may end a month-to-month tenancy with at least 60 days' written notice under Del. Code tit. 25 § 5106, starting the first of the next month. Section 5314 allows early termination on 30 days'…

Delaware has no statewide rent control and no statutory limit on how much rent can rise. The Landlord-Tenant Code (Title 25) does not expressly preempt local rent control, so cities are not clearly barred from…

Delaware sets no cap on rent and has no mid-term rent-increase statute. A rent change runs through the renewal mechanism of the Landlord-Tenant Code, which requires at least 60 days' written notice before a…

Delaware caps security deposits at one month's rent for leases of one year or more. After a tenancy ends, the landlord has 20 days to return the deposit with an itemized list of damages. A landlord who…

Delaware requires 20 years of continuous adverse possession before a claimant can defeat the true owner's title under Del. Code tit. 10 § 7901. A squatter with no lease or permission is a trespasser; an owner…

Delaware preserves agricultural land through 3 Del.C. Chapter 9 Agricultural Lands Preservation, restricting nonfarm zoning encroachments and supporting county agricultural districts statewide.

Delaware shields agricultural operations from nuisance lawsuits under 3 Del.C. 1401, protecting farms operating consistently with generally accepted agricultural practices for at least one year.

Delaware imposes a statewide 8% public accommodations tax on short-term rentals of fewer than 120 days. Hosts and platforms must register with the Division of Revenue and remit lodging tax monthly, regardless…

Delaware protects political speech through the First Amendment but prohibits all signs, including political ones, within state highway rights-of-way under DelDOT regulations. Title 17 governs outdoor…

Delaware bans single-use plastic carryout bags at large retailers under 7 Del.C. 6097, effective January 2021, with paper or reusable bag alternatives required statewide.

Delaware restricts polystyrene foam foodservice containers and plastic stirrers under 16 Del.C. 134B, banning expanded polystyrene cups and clamshells statewide as of July 2025 phase-in.

Delaware does not prohibit plastic straws statewide, but House Bill 21 and related legislation encourage upon-request distribution by food establishments under voluntary and DNREC guidance.

Delaware Code Title 25 Section 318 voids deed restrictions and HOA covenants that prohibit or unreasonably restrict roof-mounted solar systems and limits ground-mount restrictions, providing statewide solar…

Delaware's Home Solicitation Sales Act (6 Del. C. Chapter 44) gives consumers a three-business-day right to cancel any door-to-door sale over $25. Sellers must provide written cancellation notice in the…

Delaware prohibits tobacco and vapor product sales to anyone under 21 under 30 Del.C. 5341 and 11 Del.C. 1116, aligning with federal Tobacco 21 requirements statewide.

Delaware has not enacted a statewide flavored tobacco ban, but follows federal restrictions on cartridge-based flavored e-cigarettes and prohibits sales to anyone under 21 under 30 Del.C. 5341.

Delaware regulates vapor product retailers under 30 Del.C. Chapter 53, requiring tobacco retailer licenses, tax remittance on vapor products, and compliance with age verification rules statewide.

Delaware bans certain bulky and hazardous items from landfills under DNREC regulations and Delaware Solid Waste Authority rules. Tires, electronics, appliances with refrigerants, lead-acid batteries, and yard…

The Delaware Universal Recycling Law (7 Del. C. Chapter 60G) requires single-stream recycling collection for all residences, multifamily properties, and commercial establishments statewide. Waste haulers must…